Does the Illinois addendum supersede any inconsistent term in any document executed in connection with the Alloy franchise?
Alloy Franchise · 2025 FDDAnswer from 2025 FDD Document
No disclaimer, questionnaire, clause, or statement signed by a franchisee in connection with the commencement of the franchise relationship shall be construed or interpreted as waiving any claim of fraud in the inducement, whether common law or statutory, or as disclaiming reliance on or the right to rely upon any statement made or information provided by any franchisor, broker or other person acting on behalf of the franchisor that was a material inducement to a franchisee's investment. This provision supersedes any other or inconsistent term of any document executed in connection with the franchise.
Source: Item 23 — RECEIPTS (FDD pages 69–245)
What This Means (2025 FDD)
According to Alloy's 2025 Franchise Disclosure Document, the Illinois addendum does supersede any other or inconsistent term of any document executed in connection with the franchise. Specifically, the FDD states that no disclaimer, questionnaire, clause, or statement signed by a franchisee can waive claims of fraud or disclaim reliance on statements made by Alloy.
This means that Alloy franchisees in Illinois are protected from unknowingly waiving their rights or claims due to any conflicting terms in the franchise agreement or related documents. This protection extends to claims of fraud in the inducement, whether based on common law or statutory grounds. It also ensures that franchisees can rely on statements and information provided by Alloy during the franchise sales process.
This type of clause is especially important for franchisees as it prevents franchisors from using fine print or complex legal language to limit their liability or shield themselves from responsibility for misrepresentations. It ensures that the franchisee's rights under Illinois law are upheld, regardless of what other documents might state. This provision provides an additional layer of security for franchisees investing in an Alloy franchise in Illinois.